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Minutes

Stated Meeting, December 8, 2005

Philadelphia City CouncilDec 8, 2005

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilman Mariano

Aye for all bills on the consent agenda.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye for all bills.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye for all bills.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye for all bills.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye for all bills.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye for all bills.

Chief Clerk

Council President Verna. SECOND READING & FINAL PASSAGE CALENDAR

President Verna

Aye for all of the bills on the consent agenda. A majority of all members having voted in the affirmative for each of the bills, the bills on the consent agenda are passed. I would ask the clerk to please read the title of Bill No. 051091.

The Clerk

An Ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Aviation Fund to the Director of Finance fringe benefits.

President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. SECOND READING & FINAL PASSAGE CALENDAR

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Council President Verna. SECOND READING & FINAL PASSAGE CALENDAR

President Verna

Aye. The majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 051092.

The Clerk

An Ordinance authorizing transfers in appropriation for Fiscal Year 2005 within the Water Fund to the Water Department.

President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly. SECOND READING & FINAL PASSAGE CALENDAR

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Council President Verna.

President Verna

Aye. The ayes are 14, the nays are zero. A majority of all members having voted in the SECOND READING & FINAL PASSAGE CALENDAR affirmative, the bill passes. We will now consider Bill No. 051093.

The Clerk

An Ordinance authorizing transfers in appropriations for Fiscal Year 2005 within the General Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards, and commissions.

President Verna

This bill have been read on two different days, the questions now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly. SECOND READING & FINAL PASSAGE CALENDAR

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Council President Verna.

President Verna

Aye. The ayes are 14, the nays are zero. A majority of all members having voted in the SECOND READING & FINAL PASSAGE CALENDAR affirmative, this bill passes. We will now consider Bill No. 051101.

The Clerk

An Ordinance authorizing transfers in appropriations for Fiscal Year 2006 within the General Fund from certain or all city offices, departments, boards, and commissions, to certain or all city offices, departments, boards, and commissions.

President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly. SECOND READING & FINAL PASSAGE CALENDAR

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Council President Verna.

President Verna

Aye. The ayes are 14, the nays are zero. A majority of all members having voted in the SECOND READING & FINAL PASSAGE CALENDAR affirmative, this bill passes. The final bill to be called for consideration is Bill No. 050862.

The Clerk

An Ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Business Trades and Professions," by adding provisions regulating the operation of tour buses and amphibious tour vehicles, all under certain terms and conditions.

President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I believe all members of Council have received a copy of the amendment, and I would move for the adoption of the amendment at this time. (Duly seconded.)

President Verna

It has been moved and seconded that the amendment be adopted. All in favor will say aye. Those opposed? The ayes have it, and the amendment is adopted. ACT 39 RESOLUTIONS That completes our calendar for today. We will now take up the consideration of applications for take-out beer permits under Act 39. As previously announced, Council held an executive session to conduct deliberations of these applications. At this time the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today I offer five resolutions on your behalf.

President Verna

Thank you. The Chief Clerk will please read the title of the first resolution.

The Clerk

A resolution accepting the recommendation of the hearing examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off premises, Torres Emporium, 4500 North 5th Street, Philadelphia, PA.

President Verna

Thank you. ACT 39 RESOLUTIONS The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, the resolution is adopted. And the record will reflect that Councilman Clarke has recused himself. The Chief Clerk will please read the next resolution.

The Clerk

A resolution accepting the recommendation of the hearing examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off premises, LW Restaurant Holdings, 1040 North Second ACT 39 RESOLUTIONS Street.

President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it, the resolution is adopted. And the record will reflect that Councilman DiCicco has recused himself. I would ask the Chief Clerk to please read the title of the next resolution.

The Clerk

A resolution rejecting the recommendation of the hearing examiner and disapproving the following application for a permit to sell malt and brewed beverages for ACT 39 RESOLUTIONS consumption off premises, BJLM, 6249 Catharine Street.

President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it, and the resolution is adopted.

The Clerk

And a resolution accepting the recommendation of the hearing examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off premises, D&O, Inc., 1817 West Cumberland Street.

President Verna

The Chair ACT 39 RESOLUTIONS recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. Those opposed? The ayes have it. The resolution is adopted. And the record will reflect that Councilman Clarke has recused himself.

The Clerk

And a resolution accepting the hearing examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises, 4326 Main Street Hold Co., 4326 Main Street.

President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. SPEECHES I move for the adoption of the resolution. (Duly seconded.)

President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. Those opposed? The ayes have it, the resolution is adopted. And the record again will reflect that Councilman Nutter has recused himself. That concludes our calendar for today. Are there speeches on the part of the minority? Are there speeches on the part of the majority? The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. On November 17, the President of the Chamber of Commerce, in testimony before this City Council, said, quote, unquote, I applaud the sponsors and hope that we can work SPEECHES out a compromise measure so the meaningful business privilege tax bill can be passed by 16 votes before the new year begins. The Chamber didn't invite all 16 members to the Prime Rib for dinner. Only days later, on November 21, they invited certain members. Chamber didn't make campaign contributions to 16 members that night. Again, only certain members. The Chamber did invite me to the Prime Rib, and I declined. And the Chamber did give me thousand dollar check, which I am ripping up. In the end, unlike the Chamber, what I really want is compromise and, more importantly, a bit more respect for my colleagues' rights to support business tax reform and not total business tax elimination. Workers and property owners should not bear the full load. I support elimination of the gross receipts portion and dramatically reducing that income portion over a long-term schedule, SPEECHES but not elimination of both. That's my position, pure and simple. Thank you.

President Verna

You are welcome. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I want to thank my colleague for his remarks, especially during this very important time, when we are grappling with these tax issues. On a lighter note, certainly we invite you to our annual party for the homeless, which will be early this year. It will be a Monday, December 12, from 3:00 p.m. to 7:00 p.m., at First District Plaza, 3801 Market. Certainly if you come, this is a time where we serve all the homeless. Santa's helpers have already wrapped 1200 gifts, and we are in the process of wrapping the next batch. And it is what we to every year. SPEECHES And we will double at least those gifts we wrapped already. So if you visit our office, you will think you are in the North Pole. But, it is what we do. It is our way of trying to give back. And certainly if you have time, you are always invited. And certainly we hope that this will be a part of the holiday season that will help to put us in a festive mood. Thank you, Madam President.

President Verna

You are welcome. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, I wanted to recognize a young person who is spending some time with me today. Many of us have had students, whether in high school or in college, spend a day with any one of us, many times as a result of a school assignment. The young lady who is with me today, she is right behind me, Stephanie McDuffy, is SPEECHES a constituent and also a junior at Temple University, who decided on her own, not related to a course assignment, that she wanted to learn more about local government and spend some time here with us in City Council. And I just wanted to recognize her and applaud her interest in our government here today.

President Verna

If she would stand, we would love to recognize you. (Applause.)

President Verna

Welcome. Thank you. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I would simply like to go on record in acknowledging Councilman Goode's offer that there be compromise. I have and continue to be open to compromise on business privilege tax measures, only to the extent that city services, of which the business community benefits from in MOTION TO ADJOURN this town, only to the extent the city services are protected; and to the extent that we look at and care about anticipated additional burdens on the budget with regards to our city's public service employees and other matters that ultimately drain and draw on our city's budget.

President Verna

Thank you. Are there any other speeches on the part of the majority? Seeing none. The Chair recognizes Councilwoman Blackwell for a motion to adjourn.

Councilwoman Blackwell

Thank you, Madam President. I move that Council stand adjourned until Thursday, December 15, at 10:00 a.m. (Duly seconded.)

President Verna

It has been moved and seconded that Council stand adjourned until Thursday, December 15 at 10:00 a.m. All in favor will say aye. Those opposed? The ayes have it, the motion MOTION TO ADJOURN carries. Thank you. (Stated Meeting adjourned at 11:40 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, December 8, 2005, were reported fully and accurately by me, and that this is a correct transcript of same. _________________________ DEBRA A. WHITEHEAD